crown.

beth, it must be allowed, that her amiable disposition contributed to set before her the enormities of Mary as unprincipled and indefensible. The spirit of the people roused by these crimes, and justly promising themselves better prospects, might have alarmed the queen; for the purposes of her reformation, even at that period, tended more to their good than to the benefit of the The treasures of religious houses had long ago been lavished away, all sinister advantages were then expired, and the great and lasting proofs of her benevolence, which followed the restoration of the new church, are at this day convincing proofs, that whatever motives actuated her predecessors, those of public good directed and prospered the measures of Elizabeth, whom a benign Providence, ever watchful over this country, chose to distinguish with exalted wisdom, in order to complete, under such a monarch, the glorious design of the safety of her people!

СНАР.

[ 47

CHAPTER III.

OF THE LAW OF CHARITABLE USES, FROM THE REFORMATION UNTIL THE 9 GEO. 11. A. D. 1736.

IN the early ages of this country, the people seem to have deemed it necessary for any public benevolent purposes, not only to associate themselves into a company, but to sue to the crown for an act of incorporation; and thus we read of no plans for the benefit of the poor, but such as had opulence and endowment sufficient to erect houses, and form regular societies, vested by royal charter with all the powers and hopes of perpetuity. In modern times, we have seen the benevolence and assiduous exertions of a Howard, a Hanway,+ a Thornton,‡ and many others, affording new and lasting examples of energy in almost every good work, devoting their attention to their own favourite institutions, and uniting with liberal heart and unsparing hand in the most effectual means to drive oppression as well from the shores of Africa as from the loathsome dungeon; to provide for and reclaim the naked and the dissolute; to give industrious occupation to the blind; refuge to the

• Mr. Howard's pursuit was, that of relieving prisons in almost every state in Europe from abuses of needless oppression, filthiness, and pestilence, in which he hazarded his life.

+ Mr. Hanway, with Mr. John Thornton, and Mr. Hicks of Hambro', were the founders of the Marine Society; a society which has been espoused from the mechanic in London, up to the crown, the parliament, the chiefs of India, &c.

Mr. Thornton's name and family are to be found in every list and contribution for private and public distress,

destitute;

1 Burn Eccl. Law, 419.

Stra. 912.

14 Ves. Jr. 246.

destitute; safety to the lunatic; and protection or recovery from the malignant ravages of loathsome and fatal disease the restraints of mortmain were no bar to their designs, which they saw could be effected within the limits of mutual agreement and beneficent principles, that need no other aid than that of voluntary contribution to preserve. A few only of these have been since incorporated.

The early practice of obtaining charters must appear, from what has been related on the subject of mortmain, to have been pursued as an effectual means of preserving the influence of the Roman faith, by increase of opulence, the possession of lands, and a perpetuity cf members of the same persuasion. But such were ecclesiastical corporations, being composed of spiritual members. Lay corporations are civil and eieemosynary; the former for a variety of temporal purposes incident to the government; the latter for the distribution of alms and benevolence. To the latter we shall at present confine our inquiries.

As the former, or civil corporation, is for public government, it is therefore subject to the common law; but as the latter, or eleemosynary corporation, is the creature of its founder, so it is internally governed by its private laws not that the members of it are exempted from the common law by thus uniting, but the body in general is so; except when they do any act repugnant to the law of the land: the breach of their private laws, or orders, is not a crime cognizable by the common law, unless any such act be extendible into a public wrong. If a general court, for instance, depose an officer, they exert only the power vested in them by their private rules; but if they depose him wrongfully the common law will relieve him, because they have then extended the private powers of the institution too far. Although the king himself be a founder, yet the breach of such

statutes

statutes are not crimes against the crown; his power

of

pardoning is vested in him, as having the executive authority; the crimes he pardons are such as are against the public laws and statutes of the realm; whereas these are in the nature of domestic rules, for the better ordering of private families.

Formerly there were some hospitals that were corpora- 1 Inst. 342. tions aggregate, as of master, wardens, and their brethren, as the companies of London are at this day; others, where the master or warden had only the estate of inheritance in him, and the brethren or sisters had merely a power to consent to his acts, having college or common seal. (Some of these latter had no seal.) Some of these institutions were eligible, or elective; some donative, and some presentable.

After the reformation, when seminaries for education and hospitals began to be founded, queen Elizabeth, in the act she procured for restitution of first-fruits to the crown, by a special proviso, shews her regard to religion and humanity; whereby it is declared that nothing "in the act shall extend to charge any hospital, founded " and used, and the possessions thereof employed to the 1 Eliz. c. 4. 6. "relief of poor people, or any school, or the possessions A. D. 1558. "thereof, with the payment of any tenths or first-fruits."

In the emergency which frequently brings even the best of men to a serious but hasty recollection, as to a proper disposition of their effects; it is often that they are not readily furnished with the correct title of the hospital, or institution, to whose charitable designs they would wish to contribute, out of the surplus of their fortunes; it may be feared that an apprehension might then arise, lest, by an error of so simple a kind, the testator's intentions might be defeated; wherefore, to obviate such

40.

A. D. 1571,

a difficulty, we find an act which appears evidently made 14 Eliz. c. 14. for the benefit of Christ's Hospital, St. Thomas's, and 2 Burn, 201.

St. Bartholomew's, but it includes also all other hospitals; declaring "that all gifts, legacies by will, feoff"ment, or otherwise, for relief of the poor in any hos"pital, then remaining and being in esse, shall be as "valid, according to the true meaning of the donor, as "if the said corporation had been therein rightly named; "saving to all other persons what right they might have "in the lands, &c. given." The same act then recites one preceding, and explains, that the words "master or 13 Eliz. c. 10. guardian of any hospital," mentioned therein, were "intended and meant of all hospitals, maisondieus, bead"houses, and other houses, ordained for the sustenta❝tion or relief of the poor, and shall be so expounded "and taken for ever."

5 Co. 14 b.

11 Co. 76. a Palm. 216.

It has been since decided, that the act of the 13th Eliz. c. 10. to which this refers, extends to all manner of hospitals, whether incorporated by name of master, or warden, or by any other name, or whether a sole corporation, or an aggregate of many; for this act has always had a benign and favourable construction, to prevent all inventions and evasions against its true intent; therefore it may be presumed, that the same construction may be extended to that statute, which refers to and confirms it; though in its strict application it is certainly confined to hospitals incorporated, and in being at that time.

As the intention of every founder of a college, hall, school, or hospital, is, that all elections, presentations, or nominations to any of the offices therein, should be free from all corruption, or reward; we are led to the 31st Eliz. to an act which declares, that if any person or persons, bodies politic or corporate, having a voice therein, shall directly or indirectly, take or receive any fee or 3 Ibid. 88. 90. reward, or any other profit, security, or promise of reward for his voice, or assent in any election, that then 2 Haw. Pl. 789. the office which such person so offending shall hold

31 Eliz. c. 6.

A. D. 1589.

2 Bulst. 182.

Moor, 877.

Pl. 1231.

-396.

therein